Editorial Note on Part 679
Editorial Note: Nomenclature changes to part 679 appear at 61 FR 56438, Nov. 1, 1996; 62 FR 2047, Jan. 15, 1997; 66 FR 27909, May 21, 2001; 67 FR 79739, Dec. 30, 2002; and 77 FR 6502, Feb. 8, 2012.

§ 679.56 Full coverage trawl Electronic Monitoring category fee. ( a ) *Full coverage trawl electronic monitoring (EM) category fee* — ( 1 ) *Responsibility.* The owner of a catcher vessel in the full coverage trawl EM category must comply with the requirements of this section. Subsequent opting out of the trawl EM category does not affect the FFP permit holder's liability for paying the full coverage trawl EM category fee for any fishing year in which the vessel was approved to be in the full coverage trawl EM category and made pollock landings. Subsequent transfer of an AFA catcher vessel or AFA permit does not affect the catcher vessel owner's liability for non-compliance with this section.
( 2 ) *Landings subject to the observer fee.* The full coverage trawl EM fee is assessed on pollock landings by catcher vessels in the full coverage trawl EM category as specified in § 679.51(g).
( 3 ) *Fee collection.* The owner of a catcher vessel (as identified under paragraph (a)(1) of this section) is responsible for paying the full coverage trawl EM fee for all pollock landings.
( 4 ) *Payment.* — ( i ) *Payment due date.* The owner of a catcher vessel (as identified under paragraph (a)(1) of this section) must submit all full coverage trawl EM fee payments to NMFS no later than May 31 of the fishing year following the year in which the pollock landings occurred.
( ii ) *Payment recipient and method.* The owner of a catcher vessel (as identified under paragraph (a)(1) of this section) must submit payment and related documents as instructed on the fee submission form. Payments must be made electronically through the NMFS Alaska Region website. Instructions for electronic payment will be made available on both the payment website and a fee liability summary letter mailed to each permit holder.
( b ) *Full coverage standard ex-vessel value determination and use.* NMFS will use the standard prices calculated for AFA cost recovery per § 679.66(b).
( c ) *Full coverage fee percentages.* — ( 1 ) *Established percentages.* The trawl EM fee percentage is the amount as determined by the factors and methodology described in paragraph (c)(2) of this section. These amounts will be announced by publication in the Federal Register in accordance with paragraph (c)(3) of this section.
( 2 ) *Calculating fee percentage value.* Each year NMFS will calculate and publish the trawl EM fee percentage for the full coverage trawl EM category catcher vessels according to the following factors and methodology: ( i ) *Factors.* NMFS will use the following factors to determine the fee percentages: ( A ) The catch to which the full coverage trawl EM fee will apply;
( B ) The ex-vessel value of that catch; and
( C ) The costs directly related to the EM data collection, EM data review, VMP approval, and trawl EM category data.
( ii ) *Methodology.* NMFS will use the following equations to determine the trawl EM fee percentage: 100 × *DPC* ÷ *V,* where: ( A ) *DPC* equals the trawl EM category costs for the directed full coverage pollock fisheries for the most recent fiscal year (October 1 through September 30) with any adjustments to the account from payments received in the previous year.
( B ) *V* equals the total of the standard ex-vessel value of the catch subject to the trawl EM fee liability for the current year.
( iii ) *Program costs.* Trawl EM category costs will be calculated only for catcher vessels that NMFS approves to be in the full coverage trawl EM category.
( 3 ) *Publication.* — ( i ) *General.* NMFS will calculate and announce the trawl EM fee percentage in a Federal Register notice by December 1 of the year following the year in which the full coverage pollock landings were made. NMFS will calculate the trawl EM fee percentage based on the calculations described in paragraph (c)(2) of this section.
( ii ) *Effective period.* NMFS will apply the calculated trawl EM fee percentage to all full coverage trawl EM category directed pollock landings made by vessels in the trawl EM category between January 1 and December 31 of the previous year.
( 4 ) *Applicable percentage.* A designated representative must use the AFA fee percentage applicable at the time a Bering Sea directed pollock landing is debited from an AFA pollock fishery allocation to calculate the AFA fee liability for any retroactive payments for that landing.
[89 FR 60815, July 29, 2024]